UK Supreme Court Judgment (For Women Scotland Ltd v The Scottish Ministers) Working Group minutes: 29 May 2025

Attendees and apologies

• Deputy Director, DG Corporate
• Unit Head, DG Education and Justice
• Policy Officer, DG Communities
• Unit Head, DG Education and Justice
• Unit Head, DG Communities
• Policy Officer, DG Communities
• Director, DG Communities
• Chief of Staff, DG Communities
• Director General, DG Communities
• Deputy Director, DG Corporate
• Unit Head, Dg Education and Justice
• Director, DG Economy
• Deputy Director, DG Strategy and External Affairs
• Team Leader, DG Social Security Scotland
• Policy Manager, DG Communities
• Deputy Director, DG Corporate
• Deputy Director, DG Corporate
• Head of Major Events, DG Corporate
• Deputy Director, DG Education and Justice
• Policy Manager, DG Communities
• Head of Corporate Support and Communications, Social Security Scotland
• Deputy Director, DG Education and Justice
• Deputy Director, DG Communities
• Deputy Director, Social Security Scotland
• Director, DG Health and Social Care

Items and actions

Welcome

DG Communities welcomed members to the third meeting of the Short Life Working Group (SLWG) and stressed the importance of this group and the critical nature of the work it will undertake.

DG Communities noted a meeting held between the Cabinet Secretary for Social Justice (CabSecSJ) and officials the evening before and highlighted  the importance of maintaining pace around activity.  

DG Communities updated members on activity which has taken place since the previous meeting, including:

A meeting between the CabSecSJ and the UKG Minister for Women and Equalities.

An update published by the Scottish Government (SG) which provides information for Public Bodies regarding the judgment. DG Communities asked all members to check in with their Public Bodies to ensure they are made aware of this.

The launch of the Equality and Human Rights Commission (EHRC) consultation on revisions to their Code of Practice, which is to run until 30 June 2025.

DG Communities asked members to agree the proposal to proactively publish minutes subject to normal application of FOI principles in relation to the content of the minutes – all members content.

Update on meeting between Cabinet Secretary for Social Justice (CabSecSJ) and Officials

Deputy Director for Equality (DDE) updated members on the content of the meeting between CabSecSJ and Officials, which took place on 28 May 2025.

Members discussed how best to consider and address risk in relation to the Judgment.

Public Bodies

Members discussed the most appropriate level of advice to provide Public Bodies.

 EHRC Consultation

Members discussed the SG response to the EHRC consultation on the updated Code of Practice, which opened on 20 May 2025. Members were informed on the mechanism by which this response will be co-ordinated, and their individual actions.

Members were informed of drop-in sessions, which would be offered in order to support the analysis and input to be provide by different policy areas.

Chief Statistician

The Chief Statistician updated members on the impact of the Supreme Court Judgment in their area.

DG Updates

Updates were provided by Directorate for Health, Directorate for Learning, and Directorate for Safer Communities.

Close

DG Communities thanked members for their contributions, and reiterated the forthcoming ask relating to the EHRC consultation on the updated Code of Practice.

Action Points

All members are to ensure their Public Bodies are made aware of the SG publication providing an update on the UK Supreme Court ruling on meaning of sex in Equality Act. 

All members are to review the updated Terms of Reference, and confirm they are content.

SLWG to send round a note detailing the asks relating to the EHRC consultation on the updated Code of Practice. Feedback is expected from members by 16 June 2025.

All members are expected to update the tracker on an ongoing basis.